Template 1
Template 1
1. PARTIES
The Employer and the Employee, defined below, and sometimes referred to in this document as “Parties”,
intend to enter into this legally binding Employment Contract, hereafter sometimes referred to as “Contract”,
on this ________ day of __________________, 20 ____, sometimes referred to in this document as “Effective
Date.”
The party consisting of ________________________________________________[Employer name], with
principal place of business _____________________________, with representative or officer
________________________, with phone number ____________________ and email address or other
contact information:
_________________________________________________________________________________
Shall be known within this Contract as “Employee,” and is the party issuing liquid and other considerations in
exchange for promises made by the other Party.
***
The party consisting of ________________________________________________[Employee full name], with
address of residence _____________________________, with phone number ____________________ and
email address or other contact information:
______________________________________________________________________
Shall be known within this Contract as “Employee,” and is the party issuing covenants, promises, and
performing or causing to be performed acts, beneficial to the other Party in exchange for liquid and other
considerations.
TIME TO REVIEW
This Contract, signed by the Employer on the Offer Date, shall remain ready to sign by the other Party, without
changes, for a Review Period of _______ days after the Offer Date, for the Employee to have time to fully
consider the contract. During this time, it is encouraged for the Employee to seek legal advice and fully read
and understand the contract, as well as all rights and privileges that are available to the Employee in the
absence of this Contract.
During the Review Period, the Employee may Accept this Contract by signing and returning a copy of the duly
signed Contract to the Employer, either through paper or electronic means.
EXPIRATION
After 11:59 PM on the last day of the Review Period, if Acceptance is not received by the Employer, this
Contract will automatically be considered voided.
3. WORK TO BE PERFORMED
Any intellectual property, inventions, patents, or copyright applicable works that arise directly from the
employment or other work covered or resultant from this Contract shall be considered part of the set of works,
of which rights are Assigned to the Employer per this Contract.
Any works that are performed which fall outside of the Contract are not part of the set of works, of which
rights are assigned per terms set forth in this Contract.
The Employee agrees to fulfill the duties expected, required, and directed, ordered, or advised by the
employer, which are reasonable for such a position or a similar position in the same industry or business.
The Employee agrees to follow the rules established by the Employer, including the rules of conduct, best
practices indicated in the Employee handbook, and rules established by the governing law of the place of
employment, including the following additional provisions and covenants offered by the Employee:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
4. QUALIFICATION CONTINGENCY
The Contract is [ ] is not [ ] (check one) Contingent on the Employee maintaining Qualifications for the
Employment, as stipulated here:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
If the Contract IS Contingent, then the expiration of this contract “Contingent Expiration Date” is, the: ______
th/rd
of ______________, 20 _____.
After this date, if the Employee still has not obtained the requisite Qualifications, the Contract is nullified in
its entirety.
6. TERMINATION
WITHOUT CAUSE. Employer may terminate this agreement without cause, if the notice for said termination
is delivered to Employee _______________ days before Termination.
WITH CAUSE. Employer may terminate this agreement with cause, if the notice for said termination is
delivered to Employee ________________ days before Termination.
7. TERMS OF PAYMENT
CONSIDERATION
In exchange for work and promises set forth in this Contract, Employer agrees to pay Employee a sum of
_____________________________[amount]
__________________________[textual amount]
Every __________________________[time period], on the ___________________________.[1st day of the
month, etc.]
PAYMENT CONDITIONS
Payment shall be made when the following conditions are met:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
7.1. SUBCONTRACTING
Subcontracting Prohibited. The Employee is not allowed to hire additional party(ies) to complete portions of
the Duties required as a course of their Employment.
8. CONFIDENTIALITY
This Contract and the Project, Project Deliverables, and all work contained within is subject to the following
terms of Confidentiality and Non-Disclosure:
[ ] Employment is of Confidential Nature. If a check is marked in the box the left of the word
“Confidentiality”, then Employer has elected that this Agreement, its terms, existence, parties, and all
provisions and communications regarding this Agreement are deemed confidential and protected from
The Employee will not at any time disclose information which is proprietary or confidential, belonging to the
Employer. The Employee will use reasonable discretion and make a good faith attempt to protect any
confidential information owned by the Employer from accidental disclosure. Upon written request from the
Employer, the Employee will provide all records, notes, or other documentation which reasonably may contain
said confidential information belonging to the Employer.
9. BENEFITS OFFERED
The Employer offers the following benefits to the Employee, as provisions required by law, and in addition to
those required:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________.
________________________________________________________________________________________
________________________________________________________________________________________.
11. OVERTIME
The employee will pay overtime as required by law, and the below stated additional amount:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________.
Or, any other information which has been marked “Confidential” or “Proprietary,” such as with a
watermark, title, folder designation, or footnote/footer.
QUALIFICATIONS. Employee will notify Employer as soon as possible once Employee becomes
reasonably notified or otherwise aware that qualifications presented in Article 4 will lapse during
Employment.
BREACH
Breach of this Contract is defined as:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
_______________________________________________________________________________________.
And the penalties for such actions are set forth as:
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
_______________________________________________________________________________________.
DISPUTE RESOLUTION
The venue for any disputes relating to or arising from the contract will be in the local jurisdiction where the
Employment is Performed. When a legal action arises from the Contract, the prevailing party shall be awarded
reasonable attorney fees and court costs from the non-prevailing party.
If a dispute arises from this Contract and parties are unable to resolve their dispute, then both parties hereby
agree to seek mediation prior to filing a lawsuit. Mediator(s) should be a neutral third party which is mutually
agreed upon and chosen between both parties.
If either party initiates a lawsuit without attending mediation, then that party shall not be entitled to
recovering attorney fees and court costs even when otherwise entitled parties agreed to seek first mediation
as a solution for any disputes.
NONWAIVER
Failure of Parties to insist upon strict performance of the terms, covenants, and conditions herein contained,
or to exercise rights implied or expressed within this Agreement shall not be deemed a waiver of any Parties’
rights or remedies herein, or any prior or subsequent rights or remedies.
SEVERABILITY
Any provisions of this Agreement that are found invalid, void, or unenforceable by a court of law in the
Governing Jurisdiction shall not preclude other provisions from remaining in-force.
Any alterations or improvements must be made in compliance with the laws of the Governing Jurisdiction,
and any alterations or improvements which fail to comply with the laws of the Governing Jurisdiction shall not
change the enforceability of the remainder of provisions of this Agreement.
Parties agree that, in the course of settling any disputes arising from any provision within this Contract, if the
contract shall be read by entities within a court of law, that, if any part of this Contract is deemed
unenforceable by law, then Parties intend to reduce the Contract by the minimum amount necessary to make
the remainder of the Contract’s parts enforceable.
SURVIVABILITY
Clauses relating to confidentiality and non-disclosure shall survive the termination of this Agreement.
The receiving party is not responsible for the preservation of Confidentiality for IP which is disqualified from
the status of Confidentiality. For example, IP is NOT qualified to be considered Confidential if the IP is:
1. publicly known at the time of disclosure or becomes publicly known without cause or fault due to the
Receiving Party;
2. discovered by the Receiving Party before disclosure by the Disclosing Party;
3. converted to Non-Confidential status upon written approval by the Disclosing Party.
COVENANT OF NON-COMPETITION.
For a period, lasting _____ years from the Effective Date of this Agreement, the Contractor will not directly or
indirectly engage in any business which competes with the Client, and [ ] If elected, the Client will not directly
or indirectly engage in any business which competes with the Contractor. This covenant applies to a
geographical area of ____________________, and a market including transactions which may occur
_____________________________________________.
Parties acknowledge that it is a material breach of this Agreement to (a) Be employed or otherwise interested
in, either direct or indirect, to a business similar to that conducted by the Employer, and (b) to Compete with
the Employer.
Trade Secrets are assets of the Employer. Unless written consent of All Shareholders is obtained for the
disclosure of such secrets, the disclosure of these Trade Secrets is a material breach of this Agreement. Trade
secrets include but are not limited to: Technical specifications, contacts of customers and clients, internal
COVENANT OF NON-SOLICITATION
For a period lasting ____ years from the Effective Date of this Agreement, the Employee will not indirectly or
directly solicit any business to customers with the same or similar products or services which are currently
provided, or which are provided by during the effective period, by the Employer.
FORCE MAJEURE
Parties will NOT be deemed in breach, or to have liability, or need to perform services, if the reason of the
breach, liability, or failure to perform services, is due in whole or part to: acts of God, worker strike, supplier
delay or lack of availability, regulation or regulation changes, war, epidemic, weather, unavoidable accidents
or any other cause outside of the control of the Contractor or Client.
13. REMEDIES
When Conditions of Default or Breach are met, the Employer may conduct any of the following remedies:
1.) Termination of the Agreement upon any notice required, and the Term will immediately become
forfeited and void.
2.) The Employer has the option to perform any obligation of this Agreement or Parent Agreements, on
behalf of the Employee, and seek redress from the Employee.
3.) The Employer may perform or cause to be performed collection, including hiring of collection
agencies, and seek collections from the Employee.
The existence of any remedy listed above does not preclude the Employer from exercising any other remedy
or specific right whether allowed by law, or provided by equity, or expressly provided for in parent
Agreements.
________________________________________________________________________________________
_______________________________________________________________________________________.
17. ACCEPTANCE
The Employee hereby sets forth and duly executes this Contract, when duly signed is referred sometimes to as
an “Acceptance”, on this ____ day of _________________, 20 ____, known as the Acceptance Date. After the
Acceptance Date, a period following stipulated in section “Time to Revoke” will allow for cancellation by the
Employee.
The Employee agrees to deliver to the Acceptance with reasonable means to the Employer, including paper or
electronic forms of transmission, no later than during the acceptable periods defined herein.